


To Bear Witness

by thecat_13145



Category: Invaders (Marvel), Marvel, Marvel (Comics), Marvel 616
Genre: Gen, Holocaust, Numberg Trials, Prejury
Language: English
Status: Completed
Published: 2013-02-06
Updated: 2013-02-06
Packaged: 2017-11-28 10:35:35
Rating: Teen And Up Audiences
Warnings: Creator Chose Not To Use Archive Warnings
Chapters: 1
Words: 2,424
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/673432
Author URL: https://archiveofourown.org/users/thecat_13145/pseuds/thecat_13145
Summary: <blockquote class="userstuff">
              <p>Captain America gives evidence at the trial of the Commandant of Diebenwald. Only it's the wrong Captain America</p>
            </blockquote>





	To Bear Witness

**Author's Note:**

> This was inspired by a discussion on [Sentinels of Liberty ](http://wingheads.livejournal.com/35167.html)about how involved Steve could have being in camp liberation. That got me thinking about the trials and how that would/could be handled.  The camp referenced was the one seen in Captain America #237  
> This was the result. I hope no one is offended.

_For the dead and the living, we must bear witness.”  
―    Elie Wiesel_

"Alright, try it now.” Union Jack got to his feet. William Naslund pulled the light blue cowl over his head.

“How does it look?” He asked, nervously, glancing at Union jack’s sister, Spitfire, who’d just entered.

“There’s a line visible down the side, but it could be taken for a seam,” She shook her head. “It’ll have to do. Roger’s nearly finished on the stand, and the Prosecution can’t delay any longer.”

Brian Falsworth, Union Jack, nodded. “Keep the headphones pressed against that ear as much as you can. They’ll think you’re listening to the interpreter.”

William nodded, nervously. “This still doesn’t feel right.”

“I know. But we’ve got no choice.” The British Man clapped William on the shoulder. “Good luck Captain.”

/**/*/*/*/*/*/*/

“You look like you want to be sick.”

“Thanks Bucky.” Fred Davis shrugged, the blue jacket ridding up easily. “Don’t know what you’re so worried about, Cap. It’s not like we haven’t done this before.”

 _Hmm._ William Naslund thought. _But the other times I wasn’t lying to the court._

He thought back to the evening, nearly three weeks ago.

He and the other Invaders had being sitting around relaxing as much as they could under the circumstances, preparing for more testimony to the war crimes courts the next day, when Roger Audrey, codename “the Destroyer”, had walked into the room, collapsed into an armchair and announced to the world at large.

“Steiger is going to get off.”

“What?” Toro’s eyes had narrowed. Namor and the Human Torch had simply stared. Spitfire shook her head. “How can that be? He gave the orders for the execution of at least 500 people, and for the documentation to be destroyed.”

Roger shrugged, despondently. “No proof. All we have is a telegram with words that “could be construed as ordering the immediate destruction of the camp and the elimination of the inmates”. We can’t prove that any effort was ever made to enact on those orders. Remember there was only a day between the telegram and Captain America’s actions”

“But…the inmates…”

Roger shrugged again. “They can testify that the soldiers tried to kill them, but not under whose orders they were acting.” He sighed. “And as the prosecution put it, they can’t prosecute the whole German army. Sets a dangerous president.”

Union Jack was standing by the fire, staring into its embers. At Roger’s last words, he brought his fist down with a crash against the brick work.

“I told him.” He muttered, quietly as his teammates fluttered around. “Told him to wait. The troops were less than two days away; no one could do all that in a day. Begged him to talk to the resistance groups, take some help from them. But the noble fool wouldn’t listen.” He shook his head. “Had to be the hero. And now Steiger will get away with it.”

William could physically feel the despondent and hopeless mood that had settled over the room. He didn’t know who Steiger was, but he could guess that it had something to do with Steve Rogers, the previous captain America, as the expressions on the faces of the other invaders were the ones that were nearly always present when he was brought up, and Fred was wearing an identical expression of confusion.

Unfortunately, Fred didn’t have the sense to keep quiet.

“Whose Steiger?” he piped up.

Toro glared at him. “Steiger was the commandant of Diebenwald, a concentration Camp in North East Poland. Bout 6 months ago, we were there, helping the resistance to delay the German troop’s advance, when the resistance intercepted a telegram warning the men there that the Marines were on their way, and they should destroy all evidence of the camp’s existence.”

“Including the camps two thousand inhabitants.” Human Torch said, grimly going to place a warning hand on his ward’s shoulder.

 “It was the first time any of us were actually in a position to help.” Spitfire continued “before we’d either being too far away, or moved on too quickly or…”She paused, looking at her hands. “Well, no matter. Steve set off alone and without backup.”

Roger muttered something that might have been, “dammed fool”

“I don’t think he’d ever seen anything like it.” Jackie muttered, ignoring Roger. “Well, none of us had, but I think that was honestly the first death Camp Steve Rogers had ever seen.”

“Command was quite sneaky about keeping him away from them,” Brian added, sounding almost admiring.

“It…” Spitfire paused. “It didn’t hit him as hard as it might have done, partly because we didn’t have time to think, to dwell,” William nodded. Spring of 1945 had been a busy few months for the Invaders. They had rarely remained in one country, let alone one place for more than a few days,

“But mostly, I think he thought that it was a one off. That it was an atrocity yes, but an isolated incident.” Spitfire shook her head, “How I wish he was right.”

They all sat in silence, contemplating the horrors of the camps.

“What I can’t understand,” Brian said after a cause, “Is how Steiger can walk? Alright, we can’t prove he was planning to kill them all, but the other evidence should be enough to get him a stiff sentence.”

“Should do,” Roger agreed, sighing. “But...” He looked uncomfortable. “One of the inmates was on the stand yesterday, defence lawyer was giving her hell, poor kid was scared, and she blurted out “I’m not lying. Captain America rescued us. He can tell you.”

Brian groaned. “I thought it had being examined to all the inmates not to mention that.”

“It had,” Roger replied. “Unfortunately, Steiger actually has a good defence lawyer. His father in law is Swiss and while he acknowledges that he hates his son in law, he doesn’t want his grandchildren living with the shame of having a Commandant for a father, so...” He shrugged. “Hired the best in Switzerland and the man is a bastard. Sorry Jack”

Spitfire waved his apology away. “But I don’t understand.” William didn’t either.

Roger sighed. “The defence lawyer asked if Captain America was going to testify, the prosecution admitted he wasn’t on their list, the defence lawyer demanded why, the prosecution sited national security, the defence pointed out that Captain America hadn’t exactly being shy of testifying in other cases and as the man has a reputation for honesty...” he trailed off. “Basically managed to get everyone in court having their doubts about the evidence presented.” He sighed. “Steiger’s a bastard, but he’s a low level bastard, almost just concerned with the camp. There’s nothing else to get him on, if that evidence is thrown out.”

Silence reigned in the room again. None of the Invaders seemed able to look in William’s direction. Perhaps it was that which made him speak.

“What if,” He said, swallowing “Captain America were to testify?”

Head’s snapped up across the room, but Union Jack was the first to speak. “That’s impossible. Steve’s dead.”

“They don’t know that.” Spitfire pointed out. Brian ignored her. “Anyway, Steve was the first one in, the only one whom that...” He sighed. “The marines were three days behind him; Roger only saw what he could while the camp was active.”

“He must have left a report.”

Brian shrugged. “Maybe, but it doesn’t change anything. Even if we could get hold of it, they’d know it was faked, they’d hear it in your voice.”

“We could rig up a transistor.” Spitfire sounded uncertain, but she spoke strongly. “If we gave you a rough briefing on the information, and fed you the details in court, it would look like you were remembering...”

Both men stared at her, William because he hadn’t honestly thought that Spitfire could come up with something like that, Brian with disgust.

“It’s perjury,” He said, speaking very slowly. “Lying to the court. If anyone found out_”  
“I know.” Spitfire looked tired. “And I don’t like it any more than you do, Brian, but what choice do we have?”

“Better a hundred guilty men go free than one innocent man hang.” Brian bellowed, the rafter’s echoing.

“And what of the hundreds of innocents he’s killed?” Namor’s voice was soft, but firm. Brian stared around the room. At Toro, who refused to meet his eyes, At Jim, who stared at Namor, who stared at Spitfire. Brian looked stunned.

“Brian,” it was playing dirty and William knew it. “I want to.”

The English man sighed, running his fingers through his hair. Roger reached almost unconsciously to take Brian’s arm, but the other man pulled away. “We’re going to need help.” He glanced at the other man. “Roger, get on to your resistance friends, see if anyone’s got an old radio that could help. Don’t tell them what we need it for.” He shook his head. “The fewer people who know about this the better.”

“Thanks Brian.”

Brian glared at him. “Don’t thank me for this.”

/***//*/*/*/*/*/*/*/*/*/*

“Ready?” The prosecution lawyer smiled at William. “Don’t worry. Just tell them what happened.”

 _That might be difficult._ William thought, as he stepped into the box.

He reached down and picked up the headphone holding it against his ear, as an official stepped forward.

“Place your right hand on the book and read from the card.” Picking up the card, William swallowed. “I swear by all might God that the evidence I shall give shall be the truth, the whole truth and nothing but the truth, so help me god.”

The bible was removed and he stood nervously. “Please state your name and rank for the court.”

“Captain America.”

“And your rank?”  
William felt his face contort in a smile. “I’m afraid that’s classified.”

There was a small rush of laughter around the room, a precious sound that was too rare in these walls, even if one of the Judges frowned. The Prosecution lawyer had risen to his feet.  
“My learned judges, I must request, in view of request from America and of Security that_”

“I think we are all familiar with those requests now.” The Russian judge spoke harshly, not that William could blame him. He recognised him from the Buchenwald’s trials. The poor man had looked like he aged ten years for every day the trial had gone on, and this one was likely to be similar. “We can dispense with certain formalities, I think?”

The other judges made noises of agreement, and the prosecution began.

“Please, in your own words, tell us of the events that took place on or around 25th March 1945?”

William swallowed. “On the 23rd March 1945, I was stationed with a resistance group at ....”

When William had being studying to be Captain America, he had found Steve Rogers’s reports irritating, for no other reason than they seemed almost perfect. Now he was grateful for it.

The report that had been submitted less than a day after the liberation of Diebenwald was meticulous in its detail. William had the distinct impression that you didn’t necessarily ever need to have seen a concentration camp, you just had to read the report to give an accurate description of the horrors that Steve must have seen. There were sketches of plans of the camp and even of some of the men involved. He’d also managed to get names of some of the survivors, which was something William had always struggled with.

Brian Falworth’s voice came through clearly from the headphones into his ears, and he talked, putting the information in his own words, for what felt like days, until the prosecution took its seat and the defence rose up.

The defence lawyer was a thin man with a resemblance to rat, who looked like he belonged in a newspaper comic strip, not standing in a suit in front of a packed trial.

“Captain America,” He said, speaking English without a trace of an accent. “We are all most grateful to you for taking the time to testify here.”

William glanced nervously around the room. “I’m happy to do so.” He said, cautiously. “I just wish it wasn’t necessary.”

“Because it’s lies?”

The prosecutor was on his feet, protesting, and the defence lawyer withdrew it, but not before William was able to reply.

“No, it’s the truth, but it shouldn’t have happened.”

“But you initially refused to testify.”

William paused.

“It wasn’t an option.”

“Why?” There was silence in the court and on the radio.

“”Would you like me to rephrase the question, Captain America? Why did you initially refuse to testify at this trial when you have spoken at hundreds of others both here and around this area?”

He could hear Brian in his ear, muttering about national security and timing, but he knew that this wouldn’t answer the defence’s question. He looked around the court room, suddenly making eye contact with the Russian judge.

The man looked exhausted, drained. And suddenly William Naslund knew what he had to say, what Steve Rogers would have said.

Carefully, he eased out the earpiece, taking the headphones away from his head to cover the motion.

“Would you like the interpreters to repeat the question?” The British Judge seemed confused.

“No, thank you, your honour.” He looked the defence lawyer straight in the eye. “I refused to testify, because I was ashamed.” He swallowed. “I had heard rumours about these camps, hell, I’d served those who’d being on the receiving end of them, and I didn’t believe them I believed they were propaganda, or that the men were exaggerating. I couldn’t believe that one human being could do that to another whatever the circumstances. Diebenwald was the first time I saw them for real, and discovered that all those men were telling the truth. And even then it was months before I could believe the full extent of what happened. I felt ashamed, because I felt like I’d being a part of the process, denying these events were happening, could happen. And for that, I apologise to the people.” He turned his head, looking to an old man sitting hunch in the third or fourth row of the trial and repeated softly, “I’m sorry.

“Believe me, or don’t, It doesn’t matter. Just make sure this never happens again.”

/*/*/**/*//*/*/*/*/*/*

Union Jack removed his own head phones, wiping his brow. Spitfire sat down beside him.

“Cap did good today.” She muttered. “That’s going to be a speech they remember him for.”

Union Jack nodded. “Too bad it wasn’t him.”


End file.
